- Acceptance of Terms: By accessing or using the services provided by Blue Chip Consortium, LLC, a Missouri limited liability company (hereinafter referred to as "we," "us," or "our"), including our website, mobile applications, and any other platforms or services, you agree to be bound by these Terms of Use and our Privacy Policy. If you do not agree to these terms, please do not use our services..
- Services
2.1 Nature of Services: We provide commercial insurance brokerage services, including but not limited to insurance policy recommendations, risk assessment, claims assistance, and general insurance advice.
2.2 No Guarantee: While we strive to provide the best possible service, we do not guarantee the availability of coverage, the outcome of claims, or the actions of insurance carriers.
2.3 Licensed Professionals: Our services are provided by licensed insurance professionals. However, the use of our services does not create a fiduciary relationship.
- User Responsibilities
3.1 Accurate Information: You agree to provide accurate, current, and complete information when using our services.
3.2 Legal Compliance: You must comply with all applicable laws, regulations, and industry standards when using our services.
3.3 Account Security: If you create an account, you are responsible for maintaining the confidentiality of your account information and for all activities that occur under your account.
- Privacy and Data Protection
4.1 Data Collection: We collect and process personal and business information as necessary to provide our services.
4.2 Privacy Policy: Our data collection and usage practices are outlined in our Privacy Policy, which is incorporated into these Terms by reference.
4.3 Consent: By using our services, you consent to our data practices as described in the Privacy Policy.
4.4 Data Security: We implement reasonable security measures to protect your data, but we cannot guarantee absolute security.
- Intellectual Property
5.1 Ownership: All content on our platforms, including text, graphics, logos, and software, is our property or the property of our licensors and is protected by copyright and other intellectual property laws.
5.2 Limited License: We grant you a limited, non-exclusive, non-transferable license to access and use our content solely for the purpose of using our services.
5.3 Restrictions: You may not reproduce, distribute, modify, or create derivative works from our content without our express written permission.
- Limitation of Liability
6.1 Disclaimer of Warranties: You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material, that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the website or any services or items obtained through the website or to your downloading of any material posted on it, or on any website linked to it.
Your use of the website is at your own risk. The website is provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied. Neither the company nor any person associated with the company makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy or availability of the website, without limiting the foregoing, neither the company nor anyone associated with the company represents or warrants that the website, its content or any services or items obtained through the website will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that our site or the server that makes it available are free of viruses or other harmful components or that the website or any services or items obtained through the website will otherwise meet your needs or expectations.
The company hereby disclaims all warranties of any kind, whether express or implied, statutory or otherwise, including but not limited to any warranties of merchantability, non-infringement and fitness or particular purpose.
The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.
6.2 Limitation of Liability: In no event will the company, its affiliates or their licensors, service providers, agent, officers or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the website, any websites linked to it, and any content on the website or such other damages, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
The foregoing does not affect any liability which cannot be excluded or limited under applicable law.
6.3 Cap on Liability: Our total liability for any claim arising out of or relating to these Terms or our services shall not exceed the amount you paid us in the 12 months preceding the claim.
- Indemnification: You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Contributions, any use of the Website’s content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.
- Modifications:
8.1 Terms Modifications: We reserve the right to modify these Terms at any time. We will provide notice of significant changes through our website or other reasonable means. If you disagree with the revised Terms, you may terminate this agreement immediately as provided in these Terms. If you do not terminate your agreement before the date the revised Terms become effective, your continued access to or use of our website will constitute acceptance of the revised Terms.
8.2 Service Modifications: We may modify, suspend, or discontinue any part of our services at any time without notice or liability.
8.3 No waiver by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the maximum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
- Termination
9.1 Termination by Us: We may terminate or suspend your access to our services at our sole discretion, without prior notice, for any reason, including if we believe you have violated these Terms.
9.2 Termination by You: You may terminate your use of our services at any time by discontinuing use and, if applicable, deleting your account.
9.3 Effect of Termination: Upon termination, your right to use our services will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive.
- Governing Law: These Terms and all claims hereunder shall be governed by and construed in accordance with the laws of Missouri, without regard to its conflict of law provisions, and shall be binding upon the parties hereto in the United States and worldwide.
- Dispute Resolution:
11.1 Arbitration: Any dispute arising out of or relating to these Terms or our services shall be resolved through binding arbitration administered by American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules. The arbitration shall be final and binding, enforceable in any court of competent jurisdiction.
11.2 Location: The arbitration shall be conducted in St. Louis County, Missouri..
11.3 Class Action Waiver: You agree to resolve disputes with us on an individual basis and waive any right to participate in a class action lawsuit or class-wide arbitration.
- Severability: If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable.
- Entire Agreement: These Terms constitute the entire agreement between you and us regarding the use of our services, superseding any prior agreements.
- Contact Information: If you have any questions about these Terms, please contact us on our contact page.
By using our services, you acknowledge that you have read and understood these Terms of Use and agree to be bound by them.
